TENANT NUISANCES

Tenant Assaulted Other Tenant and Postal Worker

September 23, 2016    

(Decision submitted by Jeffrey M. Goldman of the Law Offices of Judith M. Brener, attorneys for the landlord.)

Police Raid at Apartment Resulting in Arrest of Non-Tenants Didn't Prove Tenant Nuisance

September 23, 2016    

Landlord sued to evict rent-stabilized tenant based on illegal subletting and nuisance. The court granted tenant’s request to dismiss the case. Landlord’s notice claimed that tenant illegally sublet her...

Landlord's Proof Insufficient

September 23, 2016    

Landlord sued to evict rent-controlled tenant for creating a nuisance. Landlord’s termination notice set forth 45 instances of conduct falling into three categories--subletting a portion of the apartment,...

Landlord's Termination Notice Didn't Give Tenant Sufficient Notice of Claim

September 23, 2016    

Landlord sued to evict rent-stabilized tenant for violating a substantial obligation of her tenancy and creating a nuisance. Landlord claimed that tenant put up floor-to-ceiling partitions in the apartment, illegally...

Landlord Seeks Eviction of Tenant Based on Son's Illegal Drug Activity

September 23, 2016    

Landlord sued to evict Section 8 tenant for breach of her lease based on drug-related criminal activity by tenant’s son. Tenant asked the court to dismiss the case, claiming that the events in question occurred...

Three Incidents of Noise Didn't Create Nuisance

August 16, 2016    

Landlord sued to evict rent-stabilized tenant for creating a nuisance by excessive noise on at least three occasions. Tenant denied landlord’s claim and asked the court to dismiss the case without a trial. The...

HUD Tenant's Behavior Didn't Amount to Material Noncompliance with Her Lease

July 20, 2016    

Landlord sued to evict HUD tenant for material noncompliance with her lease because tenant yelled and cursed at landlord’s employees in the management office. Landlord also claimed that, on another occasion,...

Apartment Occupant's Removal of Lobby Painting Didn't Constitute Nuisance

June 22, 2016    

Landlord sued to evict rent-stabilized tenant for creating a nuisance after an occupant of tenant’s apartment removed a painting from a building lobby wall and left the building with it. Landlord claimed that...

Co-op Can Evict Shareholder Tenant for Objectionable Conduct Based on Short-Term Rentals

June 20, 2016    

(Decision submitted by William J. Neville of the Manhattan law firm of Mitofsky Shapiro Neville & Hazen LLP, attorneys for the landlord.)

Landlord’s Predicate Notices Were Defective

June 17, 2016    

Landlord sued to evict rent-stabilized tenant for nuisance and lease violation by constantly allowing cigarette smoke to emanate from his apartment and thereby disturbing other tenants and endangering their health....

Default Judgment Against Tenant Vacated in Light of His Disabilities

June 17, 2016    

Landlord sued to evict tenant for nuisance. The court ruled for landlord based on tenant’s failure to appear for trial. Tenant later asked the court to vacate the judgment. The court agreed, a new judgment was...